For questions 1, 2 and 3, consider the admissibility of evidence under FRE 401, 402, and 403.
Question:
For questions 1, 2 and 3, consider the admissibility of evidence under FRE 401, 402, and 403. arguments for and against admissibility. FRE 412 and 413 apply to question 3. Argue for and against the admissibly of the facts of the prior offenses. answers should be several paragraphs for each question. should be able to answer all three questions in three to five pages.
1. The defendant is charged with murder. The victim was shot and a .38 caliber bullet was removed from his body. The defendant was arrested a few days later and a search warrant was executed on the defendant's residence. A search recovered 22 handguns that were seized from the defendant's residence. Two of the handguns were .38 caliber. None of the firearms recovered from the defendant were found to be the weapon used to shoot the victim. Argue for and against the admissibility of the handguns recovered from the defendant's residence.
2. The defendant is charged with making a fraudulent loan application in which he knowingly misstated and underreported his debts. The prosecution gives the defendant notice that it intends to introduce evidence that the defendant made two other loan applications at other banks within the past 6 months. The loan application made 6 months earlier contains substantially different statements of debts. Argue for and against admissibility.
3. The male defendant is charged with raping a woman. The woman is a real estate agent and met the defendant under the guise of showing him a real estate listing. The police execute a search and seizure warrant at the defendant's home and recover 2 pornographic movies depicting sexual acts between an adult male and under-aged children. The actors in the video are all over 18 years of age, but some of the actors are slender and of small stature and are dressed and made-up to look very young. Furthermore, the defendant was charged twice in the last three years with raping a real estate agent while posing as a potential buyer. Both cases were dismissed prior to trial. Argue for and against admissibility of the pornography and the prior rape allegations.
Forensic Accounting
ISBN: 978-0133050479
1st Edition
Authors: Robert Rufus, Laura Miller, William Hahn